Court : Supreme Court of India
Decided on : Mar-29-2000
Reported in : AIR2000SC1421; JT2000(4)SC30; (2000)125PLR826; 2000(2)SCALE663; (2000)4SCC146; 2SCR705; 2000(2)LC978(SC)
..... the grants having been made to the juridical person symbolised or personified in the idol.20. thus, a trust is not necessary in hindu law though it may be required under english law.21. in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurdwara ..... calcutta : 74itr33(sc) held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ; the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with rights of ..... 'a compendious expression of the pious purposes for which the dedication is designed.' vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750; varadachariar j. dealing with this question, referred to the decision in, ilr 1910 cal 128 and ..... for the purpose; the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity 6f the english law. in early law a gift placed as it-was expressed on ..... establish a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own dharma or conception or morality. a trust is not required .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-29-2000
Reported in : (2000)160CTR(SC)61
..... to the juridical person symbolised or personified in the idol.'(emphasis, italicised in prints, supplied)thus, a trust is not necessary in hindu law though it may be required under english law.in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurrudwara prabandhak ..... 1969]74itr33(sc) , held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ilr 12 bom 247:'the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with ..... be 'a compendious expression of the pious purposes for which the decimation is designed'. vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750 (g), varadachariar j. dealing with this question, referred to the decision in ilr cal 128 (f) ..... for the purpose., the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity of the english law. in early law a gift placed as it was expressed on ..... a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own dharma or conception or morality. a trust is not required .....Tag this Judgment!
Court : Patna
Decided on : Jan-06-2000
..... act and they have admittedly filed applications for review under section 150 of the act which are pending. in such a situation, the irregularity on account of admitted deviation from law provided by sub-section (1) of section 149 of the act will not render the notice of assessment already published by the municipality a nullity and by filing their applications ..... notice without infringing any public right or public policy. therefore, on applying the aforesaid test to the facts in this case it can be safely held that the deviation from law provided by section 149 of the act is only an irregularity and not nullity because a party can waive its objection to such a deviation and can proceed to avail ..... and thereafter came to a conclusion that even in the case of violation of a mandatory provision proper tests have to be applied to find out whether the deviation from law has taken away, the authority for the proceedings rendering it a nullity or whether the deviation is merely an irregularity. the relevant part of the judgment prescribing the test for ..... non-compliance would render the entire notice of assessment so far published by the corporation pursuant to redetermination of valuation and assessment on the basis of 1993, rules bad in law. on the other hand, on behalf of the respondent corporation, it was submitted that this writ application has been filed by the petitioners of a family in their individual capacity .....Tag this Judgment!
Court : Delhi
Decided on : Jan-06-2000
Reported in : 2000VAD(Delhi)48; 86(2000)DLT117; 2000(54)DRJ431
..... act of 1940 as the act of 1996 has been enacted after taking into account the united nations commission on international commercial trade law (uncitral), so uncitral model law rather than 1940 act is more relevant to refer.13. in the present case in the arbitration clause itself, the parties have ..... 08,33/-. other dues like liquidated damages, overdue interest would also be due. this liability exceeds the amounts of the bank guarantees.31. the principles of law against invocation of bank guarantee are well established. recently a three judges bench of the supreme court in dwarikesh sugar industries ltd. vs . prem heavy engg. ..... works pvt. ltd., : air1997sc2477 after referring to the relevant case law has referred to with approval the general principles as laid down in the case of u.p. state sugar vs . sumac international ltd., : air1997sc1644 where ..... it has been laid down as under:-'the law relating to invocation of such bank guarantees is by now well settled. when in the course of commercial dealings an unconditional bank guarantee is given or ..... put to any loss or injury what to talk of irreparable loss. on the other hand, it is the respondent who is deprived of its lawful dues. in the circumstances, no case for restraining invoca-ion of the bank guarantees is made out. to that extent, this petition seems to .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-17-2000
Reported in : [2000(84)FLR912]; (2000)1UPLBEC661
..... or entry not being correctly recorded in service record. the concerned authority shall decide the said representation within three months by giving opportunity to the petitioner in accordance with law and shall a reasoned order which shall be communicated within two weeks of its being passed by registered post acknowledgment due apart from any other mode to the petitioner.23 ..... 56 fed under provison.20. consequently, it will be appropriate that petitioner be directed to file a representation before the concerned authority for deciding the question in accordance with law, to determine the question as to when petitioner was recruited and thereafter the applicability of rule 56 as a whole at relevant time.21. learned counsels for the parties ..... in hand apparently will require perusal of original record and relevant materials, parties may like to adduce evidence before the question--which involves both mixed questions of fact and law, have to be adjudicated in the back ground of the circumstances in which the authority passed impugned order and whether the case of the petitioner is governed by amended ..... encyclopaedia edition particular--page 834 recruit--'to enlist men for (an army) --newly enlisted member of the armed force.--a member or supporter of a society, cause, etc.' mukherjees the law lexicon--(vol. ii) second edition, 1977--page 406recruitment --the dictionary meaning of the word 'recruit'.--fresh supply of number of persons either as additional or to make up for deceased .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-25-2000
Reported in : (2000)125PLR573
..... eviction could not be passed. the plea of the petitioner that proceedings for eviction should be stayed was also repelled.5. aggrieved by the same, hindu undivided family of kidar nath and sons preferred and appeal. the learned appellate authority had set aside the findings of the learned rent controller and concluded ..... not been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and person claiming under ..... in its true sense. he can be in possession as a tenant but cannot become its owner, unless the agreement of sale was proved according to law and he actually purchased the property, i.e. house and other things, the defendant-respondent continues to be a tenant and that he has committed ..... as to how the status of a tenant was converted to be matured into the status of absolute rights of an owner. a substantial question of law is, in my opinion, involved and the same has incorrectly been decided by the lower appellate court. the decree of the lower appellate court, therefore ..... this term and previous litigation could be that tenancy was to continue and it could be terminated or eviction could be there in due course of law, especially when injunction suit was dismissed and the present landlords claim that they have become owners of house no.l 14 by way of the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2000
Reported in : 2000VAD(Delhi)341; AIR2000Delhi292; 85(2000)DLT794; II(2000)DMC134; 2000(54)DRJ509
..... . hindus get a joint family status by birth and the joint family property is only an adjunct of the joint family (mulla on mitakshara hindu law, para 212, 17th edition). 14. property according to the hindu law may be divided into two classes, namely, (1) joint family property; and (2) separate property. joint family property may be divided according to the source ..... case. the term 'joint family property' is synonym with coparcenary property. separate property includes self acquired property. (mulla on hindu law, para 220, 17th edition). 17. where the property has been acquired in business by persons constituting a joint hindu family by their joint labours, the question whether the property so acquired is joint family property or whether it is merely ..... ., : air1990mp247 which has followed . 8.section 19 of the act provides for the right of a widowed daughter-in-law to claim maintenance from her father-in-law. section 19 reads as under:- '19. maintenance of widowed daughter-in-law. - (1) a hindu wife,whether married before or after the commencement of this act,shall be entitled to be maintained after the death ..... ancenstral property; or (2) joint acquisition; or (3) property thrown into the common stock; and (4) accretions to such property. 12. the law about the joint family and joint family property is well settled. a joint hindu family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters. the joint and undivided family is .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-09-2000
Reported in : 2000(4)WLC506; 2000(3)WLN113
..... bargaining by the manufacturer to limited extent, and has thus enriched himself at the expense of plaintiff to the extent excess price recovered from the plaintiff was 'contrary to law'.(34). it may be seen that provisions under chapter v of contract act only gives some of the instances of obligations arising from certain circumstances, not arising from contract ..... kishore & ors. vs. stale of madhya pradesh (8). the court traced that development of principle underlying action for 'money had and received' for the plaintiff's use in english law into more legalistic based modern principle 'restitution of unjust enrichment'. (31). the court laid down that; the principle of unjust enrichment requires, first, that the defendant has been enriched by ..... such obligation, to get it enforced. this is amply clear from sustaining the maintainability of claim to restitution of an undue advantage taken of the plaintiffs' situation, contrary to laws made for protection of persons under circumstances from the statement of principle in mose's case. in the absence of any specific mode prescribed for enforcement of such obligation by ..... of the contract act only provides certain instances in which such principle of restitution on equitable doctrine has been statutorily recognised. it does not detract from remedy available under civil law on conditions of such action being fulfilled in the absence of any legal prohibition. (27). the principle that wherever a person has wrongfully paid money, he may have it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-16-2000
Reported in : AIR2000SC1023; 2000CriLJ1444; 2000(1)CTC694; 2000(68)ECC209; (2000)2GLR1532; JT2000(2)SC230; RLW2000(2)SC213; 2000(1)SCALE660; (2000)3SCC409; 1SCR945
..... the interests of the nation above the individual liberty of the anti-social and dangerous elements who constitute a grave menace to society by their unlawful acts, the preventive detention laws have been made for effectively keeping out of circulation the detenus during a prescribed period by means of prevention (preventive) detention. the objective underlying preventive detention-cannot be ..... would not only be opposed to realities but would defeat the very purpose of preventive detention and would also lead to making a mockery of the prevention (preventive) detention laws enacted by the center or the states. with respect to the object and purpose of the preventive detention this court observed that:the entire scheme of preventive detention is ..... prisoner temporarily for a special purpose or completely before the expiry of a sentence, on the promise of good behavior; such a promise, a word of honour. black's law dictionary - sixth editionrelease from jail, prison or other confinement after actually serving part of sentence; conditional release from imprisonment which entitles parolee to serve remainder of his term outside ..... power being drastic, the restrictions placed on a person to preventively detain must, consistently with the effectiveness of detention, be minimal. in a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the state and/or maintenance of public order, must be strictly construed. this court, as the guardian .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-23-2000
Reported in : 2000(4)WLC689; 2000(3)WLN304
..... in the land holders or can be treated as a separate unit or that such 'not dependent' person can be deemed to have a separate share under the hindu law or coparcenary law under the ceiling law. the succession act, 1956 has taken care of this aspect in section 4(2). it is immaterial to say that the land as entered on the notified ..... had held as under:(i) the concept of the term 'family' in chapter iii-b is not to be connected with the term 'joint family' as known to be in hindu law. (ii) chapter iii-b governs all persons irrespective of their religion or community. (iii) the lands may be held by hindus or persons belonging to other, religious and all of ..... and other communities. (v) therefore, the expression 'family' used in part iii cannot be equaled to or connote an undivided family as known to the hindu law or that after partition had taken place in respect of a 'hindu family'. (vi) the term 'family' under chapter-iii does not treat the children or grand children, who are not dependent, as members of the ..... the share of land of such member who is a constituent of the family. while deciding a ceiling mailer under the old ceiling law, the concept of 'family' contained in section 30-b should not be treated as hindu undivided family and this distinction must be kept in mind, and that the definition of the term 'family' given under the act has .....Tag this Judgment!